Official panels to scrutinize applications for regularization of unauthorized constructions

SRINAGAR, OCT 26: The Government today constituted Empowered Committees for scrutinizing applications for regularization of illegal, unauthorized constructions in the cities of Jammu, Srinagar and Katra.

As per the Government order, the Divisional Commissioner Jammu would be the Chairman of Empowered Committee for Jammu City (Jammu Municipal Corporation and Jammu Municipal Authority), while as Vice Chairman JDA, Chief Engineer, PW (R&B) Jammu, Chief Engineer, Irrigation and Flood Control Department, Jammu, Deputy Commissioners of Jammu and Samba, Commissioner JMC and Chief Town Planner, Town Planning Organization, Jammu are Members of the Committee.

Likewise, the Divisional Commissioner Kashmir would be the Chairman of Empowered Committee for Srinagar City (Srinagar Municipal Corporation and Srinagar Development Authority) and Vice Chairman SDA, Chief Engineer, PW (R&B) Kashmir, Chief Engineer, Irrigation and Flood Control Department, Kashmir, Deputy Commissioner, Srinagar, Budgam and Ganderbal, Commissioner SMC and Chief Town Planner, Town Planning Organization Kashmir are Members of Empowered Committee.

The Government communiqué further says that the Deputy Commissioner Reasi would be the Chairman of the Empowered Committee for Katra City (Katra Development Authority) while as the Chief Town Planner, Town Planning Organization Jammu, Chief Executive Officer KDA, Administrator Municipal Committee Katra, Chief Executive Officer Municipal Committee Katra, and Executive Engineer PW(R&B) Katra would be the Members of the Committee.

The order said that the terms and reference of the Empowered Committees shall be to bring the illegal and unauthorized buildings, constructions and land use or building use conversions into the planning framework to the extent possible. The Committee shall facilitate the implementation of the Master Plans under revision and shall scrutinize all the documents as prescribed by the Competent Authority, submitted before the Empowered Committee in connection with compounding, regularization of layout, plots, buildings which have been constructed and completed before 31-12-2016.

The Empowered Committees shall recommend regularizations, compounding in respect of prescribed categories of violations under Policy i.e Building built at permissible sites but built without permission, Building built at permissible sites but built with permissions but having violated the permission, but without change of the land use and the buildings having restored to the conversion of land use.

It shall not recommend illegal, unauthorized building for regularization in the situations that the buildings coming in the proposals of widening of roads in the Master Plan or in the comprehensive Mobility Plan, over flood absorption basis, vulnerable slops i.e. slopes with more than 30% grade to be demarcated by the local authorities, over lands belonging to the state or central government, public undertaking, Panchayat, waqf Board and local commons, the precincts, sites coming under the Ancient Monuments and Archaeological Sites and Remains Act-1958 or any other Act prohibiting the developments in the particular area. The Committee shall also not recommend regularization of unauthorized construction in case the use is obnoxious or hazardous as per the Master Plan, the Jammu and Kashmir Municipal Act, 2000, J&K Municipal Corporation Act,2000, J&K Development Act, 1970 or any other Act in vogue etc, in the graveyards, burial grounds and crematoria, areas/sites falling within the ambit of Jammu and Kashmir Water Resources, Regulation and Management Act,2010, Group Housing Projects, in restricted development zones as specified in the Master Plans like Green Areas, open spaces etc and the Empowered Committees shall also ensure that such regularization does not violate the provisions of any other Act, Legislation in vogue specific to such particular structures/sites.

The Empowered Committees, after scrutinizing all the documents in each case within 45 days of submission of reference to the Empowered Committee shall come up with proposed amendments in the Plan, if any, and will seek comments, consent of the applicant within 25 days. After receiving the consent, the Empowered Committees will approve the building plan and, then, recommend to the Competent Authority for regularization of the construction or building use change or otherwise.

The Empowered Committees shall also abide by the provisions of SRO-391 dated 20.09.2017.

The Empowered Committees shall be serviced by the Jammu Municipal Corporation, Srinagar Municipal Corporation and the Municipal Committee Katra respectively.